HomeMy WebLinkAboutRES 13-044RESOLUTION NO.13 -044
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a User /Equipment
Agreement and all other documents necessary to continue the Beaumont Police
Department's participation in the National Data Exchange (N -DEx), a transition from the
T -DEx program, a comprehensive information sharing portal that allows criminal justice
agencies to exchange jail and records management systems data.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2013.
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NATIONAL DATA EXCHANGE (N -DEN) USE EQUIPMENT AGREEMENT
This document constitutes an agreement between the Texas Department of Public Safety ( TXDPS), State
Administrator of the National Data Exchange (N -DEx), P.O. Box 4143, Austin, Texas, 78765 -4143 and a
criminal justice or law enforcement agency, hereinafter referred to as the User Agency.
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The User Agency will ensure that only approved persons performing authorized criminal justice functions
have access to N -DEx.
N -DEx information, including any analytical products derived there from, may not be used as a basis for
action or disseminated outside User Agency for any purpose or in any other manner, unless the User Agency
first obtains the express permission of the agency or agencies that contributed the information in question.
Specifically included within this prohibition are any inclusion on N -DEx information in an official case file and
any use of subpoenas. User Agency may not electronically retain N -DEx information without obtaining the N-
DEx contributing agency's permission. When N -DEx information is summarized or otherwise documented,
the User Agency shall indicate that the information was obtained from N -DEx.
Notwithstanding the requirement in the preceding paragraph that N -DEx information not be used as a basis
for action or disseminated without first obtaining the permission of the contributing agency, m accordance
with and to the extent permitted by applicable law, court process, or applicable guidelines, immediate
dissemination on N -DEx information without such permission can be made if the User Agency determines
that:
(a) there is an actual or potential threat of terrorism, immediate danger
of death or serious physical injury to any person, or imminent harm to
U.S. national security; and
(b) it is necessary to disseminate such information without delay to any
appropriate recipient for the purpose of preventing or responding to
such a threat, danger, or harm.
The User Agency shall immediately notify TXDPS and the N -DEx contributing agency if it disseminates any N-
DEx information under this exception. Any requests for reports or information in N -DEx from anyone other
than a party to this User Agreement will be directed to the N -DEx User Agency which contributed the data.
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TXDPS RESPONSIBILITIES REGARDING N -DEx
TXDPS agrees to maintain, operate, and manage N -DEx communications and criminal justice information
systems on a 24 hour, 7 day per week and 365 days a year basis. TXDPS further agrees to act as the State
Administration Agency to facilitate the exchange of information between the User Agency and the following
agencies: Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CjIS) National Data
Exchange (N -DEx). TXDPS Driver's License Files (DL), Sex Offender Registration (SOR), Texas Department of
Criminal justice (TDCJ) probation /parole data and other data files may be implemented in future applications
of information available to authorized users.
TXDPS reserves the right to restrict the type and scope of data to which the user may have access. TXDPS will
provide system training to N -DEx users at no charge to the User Agency at a time and location to be
designated by TXDPS. The obligation of TXDPS to incur training costs is conditional upon sufficient funds
buA,geted and avaSlable.:N,o financial liability will be incurred by TXDPS by virtue of this agreement :beyond
monies available to it for the purpose of fulfilling this agreement.
TXDPS may provide or assist User Agency with the initial installation of adapter hardware, records
management system (RMS) and /or jail management system (JMS) software enhancements or interface
functionality(s). User Agency RMS and /or JMS software enhancements delivered as the result of custom
developed N -DEx functionality are the property of the User Agency or User Agency RMS /JMS software
vendor. User Agency is responsible for maintaining the capability to submit data to N -DEx following User
Agency RMS /JMS enhancements or replacements.
TXDPS agrees to maintain its applicable N -DEx hardware, software and functionality including data adapter
extraction and export methodology /technology plus future implementation(s) involving National
Information Exchange Model (NIEM) Information Exchange Package Documentation (IEPDs). This
determination maybe made by TXDPS or its authorized designee.
N -DEx maintains an audit capability that will log the date, time, event type, and originating account of all user
queries. N -DEx will maintain the audit logs for the life of the records accessed.
TXDPS reserves the right to immediately suspend service to the User Agency when applicable policies are
violated. Service may be reinstated following such instances upon receipt of satisfactory assurances that such
violations have been corrected. All costs for reconnection service are the responsibility of the User Agency.
TXDPS shall have the authority to inspect and audit the equipment, records, and operations of the User
Agency to determine compliance.
USER AGENCY RESPONSIBILITIES REGARDING N -DEx
The User Agency may only access and use N -DEx information for official criminal justice and national security
purposes. N -DEx information cannot be accessed or used for any other purpose. User Agency agrees to allow
TXDPS to share User Agency data contributed to N -DEx with other authorized criminal justice agencies.
The User Agency shall abide by all laws of the United States and the State of Texas, and shall abide by all
present or hereinafter approved rules, policies and procedures of N -DEx and the CJIS Security Policy,
concerning the collection, storage, processing, search, retrieval, dissemination and exchange of criminal
justice information.
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If the User Agency provides N -DEx derived criminal justice information to another criminal justice or law
enforcement agency, which at that time is not operating through N -DEx pursuant to a N -DEx User Agreement,
then it shall be the responsibility of the User Agency to verify that the non -user agency abides by the laws of
the United States and the State of Texas and the operational policies of the applicable systems.
The User Agency agrees to appoint an N -DEx User Administrator responsible for:
a. Acting as the single point of contact for N -DEx issues;
b. Ensuring compliance with this agreement, current and future versions of policies
and procedures regarding N -DEx, and all applicable state and federal laws;
c. Vetting, authorizing and managing users through the role based user management
tools provided in N -DEx;
d. Terminating user access immediately upon user separation from the agency or
otherwise become ineligible for access;
e. Ensuring that all users from that agency are trained and informed of policies and procedures;
f. Reporting security incidents to the TXDPS CJIS Information Officer (ISO),
as required by the User Agency's CJIS Security Addendum.
The User Agency must notify the N -DEx State Administrator immediately whenever the incumbent User
Adminstrator is replaced.
User Agency certifies that all User Agency staff with access to N -DEx have undergone background checks
consistent with Texas or federal requirements, so long as, at a minimum, those requirements included a
criminal history and state and national fingerprint check.
The User Agency shall manage information system accounts, including establishing, activating, modifying,
reviewing, and disabling accounts. The agency shall validate information system accounts at least annually
and shall document the validation process.
Account management includes assignment of associated authorizations. The agency shall identify authorized
users of the information system and specify access rights /privileges. The agency shall grant access to the
information system based on:
1. Valid need -to -know /need -to -share that is determined by assigned official duties.
2. Satisfaction of all personnel security criteria.
The User Agency shall be responsible for maintaining the User Agency RMS and /or JMS in good working
order. The User Agency agrees to maintain its applicable hardware, RMS, JMS, and adapter interface
functionality(s) to maintain complete and continual functionality with N -DEx. User Agency hardware
(including workstations utilized to access), RMS, JMS and adapter interface shall be installed in a location
where only authorized personnel have access.
The User Agency is responsible for providing its own internet connectivity and maintenance which meets CJIS
Security Policy requirements.
Each N -DEx contributing User Agency retains sole ownership of, sole responsibility for, and exclusive control
over the content of the information that it contributes to N -DEx, and each User Agency may, at will and at any
time, update, correct, or delete the information that it contributes to N -DEx. Each N -DEx contributing User
Agency has the sole responsibility to ensure that information that it contributes to N -DEx was not obtained
and is not maintained in violation of any federal, state, or local law applicable to that agency.
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In addition, each N -DEx contributing agency has the sole responsibility and accountability for ensuring
compliance with all laws, regulations, policies, and procedures applicable to its entry and sharing of
information into N -DEx. N -DEx User Agency will duly report to TXDPS and the contributing User Agency, in
writing, any instance in which N -DEx information is used in an unauthorized manner. Such notice is to be
provided in a timely manner within three days of when the party first learned of the unauthorized use.
Each N -DEx contributing User Agency has the duty, sole responsibility, and accountability to make reasonable
efforts to ensure the accuracy, upon entry and continuing thereafter, of information that it contributes to N-
DEx. Should TXDPS receive a challenge to, or reasonable question about, the accuracy of the information in N-
DEx, TXDPS will notify the N -DEx User Agency.
Any User Agency data or process related to N -DEx that could affect and cause degradation of service to other
N -DEx users must be authorized by TXDPS prior to implementation. TXDPS reserves the right to refuse such
application on N -DEx should resources not be available, or in the best interest of the N -DEx users.
N -DEx USER AGREEMENT TERMINATION AND DURATION
This N -DEx User Agreement will enter into force on the day it is signed by the last party and it will remain in
effect until terminated or modified by both parties. This N -D Ex User Agreement may be terminated at any
time upon the mutual written consent of the parties. In the event that both parties consent to terminate this
N -DEx User Agreement, the parties will consult prior to the date of termination to ensure termination on the
most economical and equitable terms.
Either party may terminate this N -DEx User Agreement upon 30 days written notice to the other party. Such
notice will be the subject of immediate consultation by the parties to decide upon the appropriate course of
action. In the event of such termination, the following will apply:
(a) The terminating party will continue participation, financial or otherwise, up to the effective date
of termination.
(b) Each party will pay the costs it incurs as a result of termination.
(c) All rights, obligations, responsibilities, limitations, and other understandings with respect to the
disclosure and use of all information received during a party's participation in this User
Agreement shall survive any termination.
User Agency, to the extent authorized by law, agrees to indemnify and save harmless TXDPS, its Director and
Employees from and against any and all claims, demands, actions and suits, including but not limited to any
liability for damages by reason of or arising out of any false arrest or imprisonment or any cause of action
whatsoever, arising out of or involving any negligence on the part of the User Agency or its employees in the
exercise of enjoyment of this Agreement.
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In WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by the proper officers and
officials.
USER AGENCY ,
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is authorized to contractually obligate the agency.
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